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(영문) 서울고등법원 2014.01.10 2010재노83 (1)

국가보안법위반(기타)

Text

[Defendant A] The judgment of the court below is reversed.

Of the facts charged in the instant case, W, B, and X have anti-government organizations.

Reasons

1. The following facts are acknowledged according to the transitional records up to the review.

A. The Defendants, along with Co-Defendant W of the lower judgment, were indicted for violating the National Security Act and violating the Anti-Public Law Act. The Defendants were indicted as Seoul District Criminal Court 74 high 160, 175 (Joint), 181 (Joint), and 196 (Joint). On July 24, 1974, the lower court sentenced the Defendants to the following rulings.

1) Defendant 10 years of imprisonment and suspension of qualifications (violation of the National Security Act due to a espionage) and 10 years of imprisonment (the crime of violation of the National Security Act due to a espionage) and 5 years of suspension of qualifications (the crime of violation of the National Security Act), Defendant D, L 7 years of imprisonment and suspension of qualifications, 7 years of suspension of qualifications and 7 years of qualification) Defendant E, net K 10 years of imprisonment and 10 years of suspension of qualifications (the 10 years of suspension of qualifications and 5 years of suspension of qualifications) Defendant G were convicted of Defendant 1 and 7 years of imprisonment and suspension of qualifications on the same part of the lower judgment (the 1.6 years of imprisonment and 7 years of suspension of qualifications and 1.8 years of qualification). Defendant 1 and 2 years of imprisonment with prison labor and 12 years of suspension of qualifications and 9 years of qualifications, and the remaining part of the lower judgment on Defendant 1’s first instance judgment and 17 years of non-guilty for the purpose of the anti-government organization.

(1) Defendant A and Defendant C shall be sentenced to 7 years of imprisonment and 7 years of suspension of qualification (violation of the National Security Act due to espionage) and 3 years of imprisonment and suspension of qualification (violation of the National Security Act). Defendant D and L shall be sentenced to 5 years of imprisonment, respectively.